(a) In addition to any other provision of law, if a person or business practices or
offers to practice architecture, engineering, land surveying, or landscape architecture
in the state without being registered or authorized to practice as required by law,
the boards within the division may recommend that the director of the department of
business regulation, or the director's designee, issue an order imposing a fine;
provided, however, that this section shall not apply to issues between the boards
referred to in this subsection as to the scope of a board registrant's authority to
engage in work relating to another board's jurisdiction or to issues relating to ISDS
(individual sewage disposal systems) designers licensed by the department of environmental
(b) A fine ordered under this section may not exceed two thousand five hundred dollars
($2,500) for each offense. In recommending a fine, the board shall set the amount of the penalty imposed under
this section after taking into account factors, including the seriousness of the violation;
the economic benefit resulting from the violation; the history of violations; and
other matters the board considers appropriate.
(c) Before recommending that a fine be ordered under this section, the board shall
provide the person or business written notice and the opportunity to request, within
thirty (30) days of issuance of notice by the board, a hearing on the record.
(d) A person or business aggrieved by the ordering of a fine under this section may
file an appeal with the superior court for judicial review of the ordering of a fine.
(e) If a person or business fails to pay the fine within thirty (30) days after entry
of an order under subsection (a), or if the order is stayed pending an appeal, within
ten (10) days after the court enters a final judgment in favor of the department of
an order appealed under subsection (d), the director may commence a civil action to
recover the amount of the fine.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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